Emile Khoury Hélou
Emile Khoury Hélou is a senior associate based in Kuwait and joined the firm in January 2019. Prior to joining ASAR, Emile practiced in Lebanon for 20 years. Emile has extensive experience in conventional and Islamic banking and finance, capital markets, project finance, restructuring, mergers and acquisitions, commercial and corporate law.
Corporate (various clients)
Advised various international and national corporates like Checkout.com, Delivery Hero, Bain and Company, Alshaya, on the set up of a local presence in Kuwait, including structuring advice on the implementation of various arrangements to address Kuwait’s foreign ownership restrictions, electronic payments structures, websites and mobile applications launching, and anti-money laundering compliance. Emile provided various legal opinions in this regard and took part in setting up local businesses.
Banking (Al Rajhi)
Provided legal and regulatory advice to various global financial institutions and private banks in relation to their banking and securities activities with respect to Kuwait. Emile participated in the drafting of all internal documents relating to the financing of the bank’s clients on the basis of Shari’a. The documents produced cover several areas such as real estate financing, securities financing, retail financing as well as mortgages and pledges. Following the drafting process, the documents have been prepared in such a way as to comply with the currently applicable procedure for the implementation of these documents within the Kuwaiti administration, in particular the Ministry of Commerce and Industry and the Ministry of Justice and Public Notary.
M&A (merger between two Lebanese banks)
Emile worked and advised on M&A between two banks established in Bahrain and Lebanon. Emile was involved in the due diligence process specifically to review the financing documents, securities and insurance policies. In addition, Emile reviewed and drafted the sale and purchase agreement and the transfer of the guarantees.
Emile participated on project financing between Abu Dhabi Islamic Bank ADIB and Warba bank as well as between Kuwait Finance House and Warba bank. Both financing projects were made on a Shari’a compliance basis, based on the market practice as set by the LMA document. Therefore, the financing documents were a combination of conventional and Islamic approaches in a way that they were approved by the Shari’a board of both banks. Emile drafted and reviewed the financing documents i.e., the Wakala Agreement, fee letter, Kuwait law legal opinion and officer certificate.